gps001
12-24 07:26 AM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
LOL123
02-14 08:56 AM
Thanks for correcting me ... I changed the title
You need to say "MY priority date is current in March"
The current thread title had me thinking there was another July fiasco..
Thanks.
You need to say "MY priority date is current in March"
The current thread title had me thinking there was another July fiasco..
Thanks.
jkmc
02-15 05:03 PM
Hi everyone.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.
PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
will be very grateful.
thank you.
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
h1techSlave
08-04 06:52 AM
While the thread was started on a light note, I think this is a serious topic.
Most of the people in the developed (and increasingly in the developing) countries are over-weight. I believe people are over weight, because they are not eating good food. People just follow the latest fad (in India this is oatmeal, soybeans etc. for now).
I have successfully managed my weight below 24 BMI for almost a decade now by eating good food. The key is "moderation" and eat unprocessed food as much as possible.
If you have to choose between whole milk and fat free milk, choose whole milk. If you have to choose between red rice and white rice, choose red rice. If you drink, do not drink the cheapest variety. Go for Blue label or Hennessey and drink just a peg a week. Go and eat the most expensive cut of beef and eat just an ounce of it. And for the record, I haven't found anything wrong with traditional breakfast (uppuma, puttu, dosa and what not). If you like the taste of oatmeal go for it, but once in a while.
And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
Most of the people in the developed (and increasingly in the developing) countries are over-weight. I believe people are over weight, because they are not eating good food. People just follow the latest fad (in India this is oatmeal, soybeans etc. for now).
I have successfully managed my weight below 24 BMI for almost a decade now by eating good food. The key is "moderation" and eat unprocessed food as much as possible.
If you have to choose between whole milk and fat free milk, choose whole milk. If you have to choose between red rice and white rice, choose red rice. If you drink, do not drink the cheapest variety. Go for Blue label or Hennessey and drink just a peg a week. Go and eat the most expensive cut of beef and eat just an ounce of it. And for the record, I haven't found anything wrong with traditional breakfast (uppuma, puttu, dosa and what not). If you like the taste of oatmeal go for it, but once in a while.
And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
more...
RandyK
12-24 11:46 AM
I have printed the banners (they will go up on all the Indian stores that I can find).
I have sent out an email to all my friends who are on work permits.
I have sent out an email to all my friends who are on work permits.
Pineapple
03-06 03:23 PM
I just faxed the letter from USCIS asking for $ 5000. (I had received it yesterday)
more...
Templarian
04-23 08:30 AM
Search SDL its a nice way to learn graphics and moving imges and such.
http://en.wikipedia.org/wiki/Simple_DirectMedia_Layer
http://en.wikipedia.org/wiki/Simple_DirectMedia_Layer
NeedMiracles
06-03 10:10 AM
May be I am not understanding the question right...I think the question was - what are the STEM disciplines? I know the website lists a bunch of occupations that require one of the STEM degrees. So to look at what are the STEM degrees, I chose Browse By STEM Degree and in that Scroll menu are all the majors - starts with Chemistry, Computer Science, Engineering....
more...
kishdam
02-07 02:22 PM
Such agreement is not against the law. GC is for your benefit, not employer's.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
SmileyFace
03-18 11:08 PM
Hi guys,
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
more...
panks
04-01 10:06 PM
Hello,
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
EkAurAaya
03-19 09:46 PM
I think you need to talk to the CPA for tax and not lawyer....
This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA
This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA
more...
smuggymba
03-07 09:40 AM
I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.
My question is whether I can retain my PD with an approved I-140:
1.) If the employer hasn't taken any decision to cancel I-140.
2.) If the employer writes to USCIS about cancelling I-140.
Thanks.
My question is whether I can retain my PD with an approved I-140:
1.) If the employer hasn't taken any decision to cancel I-140.
2.) If the employer writes to USCIS about cancelling I-140.
Thanks.
nozerd
01-24 11:31 AM
Personally I feel the most disgusting of all the provisions is country quota. Why the hec should 2 employees in excat same situation be discriminated because of country of birth ?
I can believe its even legal. They should get rid of it.
I can believe its even legal. They should get rid of it.
more...
punjabi
08-13 11:12 AM
I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.
Unless there is already an active thread, we should not mind if someone opens a new thread!
Unless there is already an active thread, we should not mind if someone opens a new thread!
gopalkrishan
08-03 04:58 PM
Dear Registered OP,
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
I guess you have accidentally choose IV to post your issue,
the key word search "Frustation" on google might have drove you here,
not your mistake! try this website (http://www.atkins.com/Homepage.aspx) :D
Hi Sanju,
I do realize that IV is a focused forum .. but I thought that since all the members here are stressed with GC process, backlogs and continued frustrations of PD, I would just try to provide them with a moment of smile .. So there was no mistake in my posting on IV ..
More over I posted it under "Interesting Topics" so that I do not hamper any mainstream discussions :) If even this is unacceptable then I will redact my post with due apologies ..
Regards,
Gopal Krishan
more...
chanduv23
03-26 06:39 AM
My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.
We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.
We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.
meher
12-24 10:38 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
indio0617
05-02 03:43 PM
Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.
If you want to move to a new employer go for it.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.
If you want to move to a new employer go for it.
Leo07
12-03 04:44 PM
DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.
While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
bugmenot
03-29 02:06 PM
does IV have any new updates on the OPT extension? as far as i know the request has been on to DHS from nov but nothings been done about it?
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